August 20, 2009 - A 55-year-old North Miami man who claims he was infected with HIV during a colonoscopy at the Miami Veterans Administration hospital has filed notice he will sue the federal government.

Juan Rivera charges that he was infected by improperly cleaned equipment in a colonoscopy around May 19, 2008, at the Miami VA facility.

Rivera, who has a wife and five children, is a 13-year Army vet who now drives trucks for the U.S. Postal Service. He is represented by Miami attorney Ira Leesfield, who says the six-month notice is a requirement of suing the federal government under the Federal Torts Claim Act.

The notice was filed July 20. Leesfield said the claim states Rivera will sue for $20 million in damages.

The government has six months to settle before the case would go to U.S. federal court for trial before a judge, Leesfield says.

On March 28, the VA sent letters to more than 3,000 veterans who had colonoscopies at the Miami VA hospital informing them that improperly cleaned equipment might have exposed them to hepatitis B, hepatitis C and HIV. It later raised the number involved to 3,348.

VA officials have said a staffer rinsed some equipment instead of sterilizing it as required by the manufacturer's directions.

Similar problems arose at VA hospitals in Murfreesboro, Tenn. and Augusta, Ga. The total number of veterans involved is over 11,000.

Records show that among the patients at the three hospitals who have heeded VA warnings to get follow-up blood checks, eight have tested positive for HIV.

Twelve former patients have tested positive for hepatitis B and 37 have tested positive for hepatitis C.

Officials point out there is no way to know if they were infected at a VA facility. But the VA has promised to care for all those infected. After Congressional inquiries, Miami VA hospital director Mary Berrocal said she disciplined up to 10 employees.

This report was supplementedwith material from The Associated Press.

Miami Herald